Texas 2023 - 88th Regular

Texas House Bill HB650 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R535 EAS-D
2	2	By: Allison H.B. No. 650
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the criminal penalty for the offense of
8	8	criminal mischief involving the damage or destruction of a public
9	9	monument or a place of worship.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 28.03, Penal Code, is amended by
12	12	amending Subsections (b) and (f) and adding Subsection (l) to read
13	13	as follows:
14	14	(b) Except as provided by Subsections (f) and (h), an
15	15	offense under this section is:
16	16	(1) a Class C misdemeanor if:
17	17	(A) the amount of pecuniary loss is less than
18	18	$100; or
19	19	(B) except as provided in Subdivision (3)(A) or
20	20	(3)(B), it causes substantial inconvenience to others;
21	21	(2) a Class B misdemeanor if the amount of pecuniary
22	22	loss is $100 or more but less than $750;
23	23	(3) a Class A misdemeanor if:
24	24	(A) the amount of pecuniary loss is $750 or more
25	25	but less than $2,500; or
26	26	(B) the actor causes in whole or in part
27	27	impairment or interruption of any public water supply, or causes to
28	28	be diverted in whole, in part, or in any manner, including
29	29	installation or removal of any device for any such purpose, any
30	30	public water supply, regardless of the amount of the pecuniary
31	31	loss;
32	32	(4) a state jail felony if the amount of pecuniary loss
33	33	is:
34	34	(A) $2,500 or more but less than $30,000;
35	35	(B) less than $2,500, if the property damaged or
36	36	destroyed is a habitation and if the damage or destruction is caused
37	37	by a firearm or explosive weapon;
38	38	(C) less than $2,500, if the property was a fence
39	39	used for the production or containment of:
40	40	(i) cattle, bison, horses, sheep, swine,
41	41	goats, exotic livestock, or exotic poultry; or
42	42	(ii) game animals as that term is defined by
43	43	Section 63.001, Parks and Wildlife Code; or
44	44	(D) less than $30,000 and the actor:
45	45	(i) causes wholly or partly impairment or
46	46	interruption of property used for flood control purposes or a dam or
47	47	of public communications, public transportation, public gas or
48	48	power supply, or other public service; or
49	49	(ii) causes to be diverted wholly, partly,
50	50	or in any manner, including installation or removal of any device
51	51	for any such purpose, any public communications or public gas or
52	52	power supply;
53	53	(5) a felony of the third degree if:
54	54	(A) the amount of the pecuniary loss is $30,000
55	55	or more but less than $150,000;
56	56	(B) the actor, by discharging a firearm or other
57	57	weapon or by any other means, causes the death of one or more head of
58	58	cattle or bison or one or more horses; or
59	59	(C) regardless of the amount of pecuniary loss:
60	60	(i) the property damaged or destroyed is a
61	61	public monument or a place of worship; or
62	62	(ii) [(C)] the actor causes wholly or
63	63	partly impairment or interruption of access to an automated teller
64	64	machine[, regardless of the amount of the pecuniary loss];
65	65	(6) a felony of the second degree if the amount of
66	66	pecuniary loss is $150,000 or more but less than $300,000; or
67	67	(7) a felony of the first degree if the amount of
68	68	pecuniary loss is $300,000 or more.
69	69	(f) An offense under this section is a state jail felony if
70	70	the damage or destruction is inflicted on a place of [worship or]
71	71	human burial[, a public monument,] or on a community center that
72	72	provides medical, social, or educational programs and if the amount
73	73	of the pecuniary loss to real property or to tangible personal
74	74	property is $750 or more but less than $30,000.
75	75	(l) If conduct that constitutes an offense under this
76	76	section also constitutes an offense under any other law, the actor
77	77	may be prosecuted under this section, the other law, or both.
78	78	SECTION 2. Section 28.03(g), Penal Code, is amended by
79	79	adding Subdivision (10) to read as follows:
80	80	(10) "Public monument" means a statue, structure,
81	81	building, or site that is in a public place and that is of
82	82	historical importance or interest, including a statue, structure,
83	83	building, or site that is designed to recognize or commemorate a
84	84	notable person or event.
85	85	SECTION 3. The change in law made by this Act applies only
86	86	to an offense committed on or after the effective date of this Act.
87	87	An offense committed before the effective date of this Act is
88	88	governed by the law in effect on the date the offense was committed,
89	89	and the former law is continued in effect for that purpose. For
90	90	purposes of this section, an offense was committed before the
91	91	effective date of this Act if any element of the offense occurred
92	92	before that date.
93	93	SECTION 4. This Act takes effect September 1, 2023.